As part of their desire to control immigration and clamp down on illegal working, the UK government is introducing requirements for companies in the gig economy to carry out checks ensuring that their workers have the right to work in the UK.
For the first time, these checks will bring such employers in line with all other companies who have to carry out employment checks.
Sectors which are likely to be affected by the new changes include construction, food delivery companies, beauty salons and courier services. Keep reading to learn more about right to work checks.
The gig economy – a sector vulnerable to abuse
Last year, we brought you the news about Deliveroo, Just Eat and Uber Eats introducing checks to ensure that delivery riders are eligible to work.
With millions of Brits employed in the gig economy, the changes are an important introduction in a sector which is frequently vulnerable to abuse. The government seen the introduction of these changes as part of a holistic approach towards tackling illegal immigration and the small boats crisis facing the UK.
Commenting on the announcement, the Home Secretary, Yvette Cooper said:
“Turning a blind eye to illegal working plays into the hands of callous people smugglers trying to sell spaces on flimsy, overcrowded boats with the promise of work and a life in the UK.
These exploitative practices are often an attempt to undercut competitors who are doing the right thing. But we are clear that the rules need to be respected and enforced.
These new laws build on significant efforts to stop organised immigration crime and protect the integrity of our borders, including increasing raids and arrests for illegal working and getting returns of people who have no right to be here to their highest rate in half a decade.”
Right to work checks
Right to work checks are a requirement for all employers to carry out in the UK. There are a couple of main ways for employers to carry out a right to work check. These include:
- Checking the job applicant’s right to work online
- Checking the applicant’s original documents
Please note that it is not possible for British and Irish citizens to prove their right to work online, meaning that their original documents, such as a passport, will need to be checked.
You must also check that the documents are valid while in the presence of the applicant.
And finally, you must also make and keep copies of the documents as well as record the date that you made the check.
If you employ an illegal worker and do not carry out a right to work check then you could face a civil penalty, including a fine of up to £60,000 per illegal worker, business closures, director disqualifications and even potential prison sentences of up to 5 years.
Lisa’s Law’s Immigration services
These new rules are likely to affect many businesses who have never had to carry out right to work checks on their workers before. If you and your business require immigration support, this is something Lisa’s Law can help with.
View our business immigration page or contact us today.
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